← Library
Madras High CourtWP/33148/2023disposed of

R.Kalyani v. The Member Secretary

2023-12-15Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice N. Mala5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2023

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MRS. JUSTICE N.MALA and W.M.P.Nos.32934 & 32837 of 2023 R.Kalyani ... Petitioner Vs.

1. The Member-Secretary, Chennai Metropolitan Development Authority, "Thalamuthu Natarajan Building", No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.

3. The Executive Engineer, Zone-X, Greater Chennai Corporation, No.64, NSK Salai, Kodambakkam, Chennai - 600 024

4. Krishnamurthy Page 1/5

5. M/s. Ananyakrishnaa Constructions Pvt.Ltd. Rep. by its Managing Director, No.110, Ground & First Floor, Lakshmanasamy Salai, K.K.Nagar, Chennai - 600 078.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus to direct the respondents 2 & 3 to consider the Letter No.EC/C-1/5334/2023 dated 21.09.2023 of the 1st respondent to examine the construction and take necessary enforcement action against the construction at old Door No.81, New Door No.112, 3rd Street, Kamdar Nagar, Mahalingapuram, Nungambakkam, Chennai- 600 034 by the respondents 4 & 5.

For Petitioner : Mr.V.Chandrasekaran For Respondents : Mr.R.Thamaraiselvam for R1 Mr.R.B.R.Prabu, Standing Counsel for R2 & R3 Mr.T.Thiageswaran for R4 & R5

ORDER

(Order of the Court was made by N.MALA, J.,) This writ petition is filed for issuance of Writ of Mandamus to direct respondents 2 & 3 to consider the Letter No.EC/C-1/5334/2023 dated 21.09.2023 of the 1st respondent to examine the construction and take necessary enforcement action against the construction at old door No.81, New Door No.112, 3rd Street, Kamdar Nagar, Mahalingapuram, Nungambakkam, Chennai- 600 034 by the respondents 4 & 5.

Page 2/5

2. When the matter was taken up the learned counsel for the petitioner after perusing the inspection report of the 3rd respondent which states that the deviations found were within condonable limits, fairly submits that he can have no objections. The counsel submits that the only grievance of the petitioner is that taking advantage of the condonable limit, the 4th and the 5th respondents should not make any further constructions on the deviated portion.

3. In reply, the learned counsel appearing for the 4th and 5th respondents would submit that the construction would be made strictly in accordance with the approved plan and if any, deviation is found, it will be removed.

4. Recording the above submissions of the respective counsels, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

(J.N.B., J.) (N.M., J.) Index : Yes / No 15.12.2023 Internet : Yes / No vsi Page 3/5

To

1. The Member-Secretary, Chennai Metropolitan Development Authority, "Thalamuthu Natarajan Building", No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.

3. The Executive Engineer, Zone-X, Greater Chennai Corporation, No.64, NSK Salai, Kodambakkam, Chennai - 600 024 Page 4/5

J. NISHA BANU, J.

and N.MALA, J.

vsi 15.12.2023 Page 5/5